Protect your creative work and brand—confidently, clearly, and cost‑effectively.

Yes. You can use "™" (for goods) or "SM" (for services) to claim common-law rights in an unregistered mark. These symbols indicate you're using the mark as a brand identifier. However, you should only use the ® symbol after your mark is officially registered with the USPTO for the relevant goods or services. Using ® before registration can result in penalties and may jeopardize your application.

The ™ and SM symbols don't provide federal legal protection on their own, but they serve as notice to others that you claim rights in the mark. Federal registration (allowing use of ®) provides significantly stronger legal protections, including nationwide priority and statutory remedies.

Usually yes, and here's why: A word mark (standard character mark) protects the wording regardless of how it's styled—it covers the text in any font, color, or design. A logo mark (design mark) protects the specific visual appearance as filed, including any stylization, graphics, or design elements.

Filing both provides layered protection. The word mark prevents others from using your name in any format, while the logo mark protects your specific design. This is especially important if your business name is relatively common or descriptive—the distinctive logo can help you secure registration and enforcement rights. Many established brands maintain both types of registrations for comprehensive protection.

If budget is a concern, we can help you prioritize which to file first based on your brand strategy and risk profile.

No. Google searches are helpful for finding obvious conflicts, but they're insufficient for proper trademark clearance. Here's what Google misses:

Phonetic variations: Marks that sound similar but are spelled differently (e.g., "Lite" vs. "Light") won't appear in a simple search. The USPTO considers phonetic equivalents when examining likelihood of confusion.

Visual similarities: Marks with similar appearance or foreign translations may not surface in keyword searches but could still create conflicts.

Federal and state databases: The USPTO database includes pending applications and registered marks that may not have significant web presence yet. State trademark registrations and common-law uses in commerce also matter.

Related goods/services: Conflicts can arise even in related (not identical) product categories. Professional searches examine multiple trademark classes and consider how consumers might perceive the marks.

Professional clearance searches access specialized databases, examine phonetic and visual similarities, consider translations and transliterations, and assess the competitive landscape in your industry. This investment upfront can save tens of thousands in rebranding costs later.

Use-based (1(a)) applications: You must already be using the mark in commerce on the goods/services specified. You'll submit specimens (examples) showing actual use—like product photos with the mark visible, or screenshots of services advertised. The filing date becomes your priority date for those goods/services.

Intent-to-use (1(b)) applications: You have a bona fide intent to use the mark but haven't started yet. This is common for products in development, upcoming launches, or brands you want to reserve. You'll file without specimens initially, and the USPTO will examine the mark. If approved, it publishes for opposition, then you receive a Notice of Allowance—not registration. You then have periods (extendable up to 3 years total) to submit proof of actual use. Once accepted, your priority date relates back to your original filing date.

Strategic considerations: Intent-to-use filings require additional fees (Statement of Use filing fee plus attorney time) and extend the timeline, but they're valuable for securing priority before launch. This prevents competitors from filing similar marks while you're developing your product. However, you must actually use the mark eventually—you can't maintain an ITU application indefinitely without genuine commercial use.

We'll help you choose the appropriate filing basis based on your development timeline and business plans.

The Digital Millennium Copyright Act (DMCA) provides a mechanism to request removal of infringing content from online platforms. Here's the process:

Step 1 - Identify infringement: Document where your copyrighted work appears without authorization, including URLs, screenshots, and dates. You should own or control the copyright (through registration or as the creator).

Step 2 - Submit notice: We prepare a DMCA takedown notice containing specific required elements: identification of your copyrighted work, identification of the infringing material and its location, your contact information, a good-faith statement that use is unauthorized, and a declaration under penalty of perjury that the information is accurate and you're authorized to act. This must be signed.

Step 3 - Platform response: Service providers must act "expeditiously" to remove or disable access to the material upon receiving a proper notice. Most platforms comply within 24-72 hours to maintain their safe harbor protections under the DMCA.

Step 4 - Possible counter-notice: The user who posted the content can file a counter-notice claiming the takedown was mistaken or that they have rights to use the material. If they do, the platform must notify you. You then have 10-14 business days to file a lawsuit; otherwise, the platform may restore the content.

Important limitations: DMCA takedowns only apply to copyright infringement, not trademark issues or other legal claims. False or bad-faith takedown notices can result in liability for damages. Repeat infringers may have their accounts terminated by platforms.

We handle the entire process, ensuring notices meet legal requirements and following through if counter-notices are filed. For ongoing infringement issues, we can implement monitoring and systematic takedown programs.

Yes. While we focus on U.S. federal intellectual property matters, we coordinate international protection through two primary mechanisms:

Madrid Protocol: This treaty system allows you to seek trademark protection in multiple countries through a single application filed via the USPTO. You'll need a U.S. application or registration as the basis. We prepare and file the international application, select the countries for coverage, and manage the U.S. portion directly. When foreign trademark offices issue office actions, we coordinate with local counsel in those jurisdictions.

National applications: For countries outside the Madrid system or where direct filing is preferable, we work with our network of foreign associates to file and prosecute applications abroad. We coordinate the strategy, manage timelines, and ensure consistent brand positioning across jurisdictions.

Copyright considerations: The U.S. is party to the Berne Convention and other treaties, which provide automatic copyright protection in member countries without separate registration (though registration in specific countries may be required before enforcement). We can guide you on when foreign copyright registrations make strategic sense.

We'll help you develop a phased international filing strategy based on your actual and planned markets, budget, and enforcement priorities. This typically prioritizes countries where you do significant business or face known infringement risks.

The timeline varies based on several factors, but here's the typical progression:

Initial examination (2-4 months): After filing, your application enters the examination queue. The USPTO assigns it to a trademark examining attorney who reviews it for compliance with legal requirements.

Office action response (if needed): If the examiner issues a refusal or requires clarification, you typically have 6 months to respond (3 months initially, with one 3-month extension available for a fee). Substantive office actions often require evidence, legal arguments, or amendments. This can add 3-8 months depending on the issues and whether additional office actions follow.

Publication (30 days): Once approved, your mark publishes in the Official Gazette for a 30-day opposition period. Third parties can oppose your application if they believe it would harm their rights. Most applications face no opposition.

Registration or allowance: For use-based applications, registration typically issues 2-3 months after publication if no opposition occurs. For intent-to-use applications, you receive a Notice of Allowance and must submit proof of use (with additional fees) before registration issues.

Typical timelines:

• Straightforward use-based application with no issues: 9-12 months to registration
• Applications requiring one office action response: 12-18 months
• Intent-to-use applications: 12-36+ months depending on when you begin use
• Opposed applications: 18-36+ months depending on settlement or proceeding outcome

We'll monitor your application throughout the process, respond promptly to any USPTO communications, and keep you informed of all developments and deadlines.

Copyright can protect various elements, but a single registration doesn't cover everything. Here's what you should consider:

Source code: Software code is copyrightable as a literary work. For apps and web applications, we typically recommend registering major versions or releases. You'll deposit the first 25 and last 25 pages of source code (with options to redact trade secrets). Registration enables enforcement and statutory damages if someone copies your code.

Visual elements: Original graphical user interfaces, custom graphics, illustrations, and visual designs can be registered separately. This includes app icons, custom illustrations, unique layouts (to the extent they're expressive, not purely functional), and character designs.

Written content: Text content like help documentation, marketing copy, and articles can be registered. For websites with regularly updated content, group registrations for database updates or serial publications may be efficient.

Audio/video: Podcasts, tutorial videos, promotional videos, and background music are separately copyrightable works requiring individual or group registrations.

What's not covered: Copyright doesn't protect ideas, functional features, or methods of operation—only the specific expression. So your app's core functionality or business process isn't copyrightable (though it might be patentable). Names, titles, and short slogans also aren't copyrightable (but may be trademarkable).

Work-for-hire concerns: If you hired contractors or developers, ensure you have written assignments transferring copyright ownership. Without these, the developers may own the copyright to code they wrote, even if you paid for it. We can audit your agreements and prepare assignments to clean up ownership.

We'll help you prioritize what to register based on your budget, risk profile, and enforcement goals. For most startups, we recommend registering the core application code and any significant visual assets, then expanding coverage as you grow.

Our flat fees cover all attorney time and professional services for the specific scope described. Here's what's included and excluded for common services:

Trademark search ($495): Includes comprehensive search of federal, state, and common-law sources; written opinion letter analyzing registrability and conflict risks; strategic recommendations; and attorney consultation to discuss findings. Does not include international searching or monitoring services.

Trademark filing ($1,295/class): Includes consultation and strategy session; application drafting with goods/services descriptions; specimen review and optimization; USPTO filing; monitoring through publication; and one office action response if substantive issues arise (additional complex responses quoted separately). Excludes USPTO government fees ($350 per class currently) and international extensions.

Copyright registration ($495/work): Includes application completion; deposit preparation and submission; Copyright Office correspondence; and registration certificate delivery. Excludes Copyright Office fees ($65+ depending on filing type) and group registrations (quoted separately based on number of works).

Additional attorney time: Complex office actions requiring extensive legal research, evidence gathering, or multiple responses may incur additional fees, quoted in advance. We'll always discuss scope and costs before proceeding with work beyond the initial flat fee.

Government fees: All government filing fees are separate and paid directly to the USPTO or Copyright Office. We'll provide a complete cost estimate including all fees upfront so there are no surprises.

Our goal is complete transparency. If any situation arises that might affect the scope or cost, we'll discuss it with you immediately and obtain approval before proceeding.

Yes. For engagements over $2,500, we offer flexible payment plans to help manage cash flow. Typical arrangements include:

Standard plan: 50% due upon signing the engagement letter, with the balance due in one or two installments over 30-60 days. Work begins upon receipt of the initial payment.

Milestone-based: For larger projects like TTAB proceedings or comprehensive IP audits, we can structure payments around project milestones (e.g., after filing, after initial response, upon completion).

Retainer arrangements: For ongoing representation (monthly monitoring, regular filings, or litigation support), we can establish monthly retainer agreements with predictable fees.

Government filing fees are typically due upfront when applications are filed, as we pay these directly to the USPTO or Copyright Office on your behalf. Attorney fees are subject to the payment plan.

Contact us to discuss payment options that work for your budget and cash flow. We're focused on making quality IP protection accessible to growing businesses and want to find an arrangement that works for everyone.